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Case No. ADJ9677618

Regular

Mar 04, 2018

ROBERT PRATER vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH AMERICAN INSURANCE COMPANY

This case concerns a workers' compensation applicant seeking reconsideration of an award based on disputed earnings. The applicant contends their 2012 earnings were higher than determined by the WCJ, as evidenced by a W-2 from a prior employer, SMG, in addition to the defendant's W-2. The Board rescinded the original Findings and Award, finding the WCJ's report inadequately addressed the applicant's testimony and documentary evidence regarding potential earnings from SMG. The case is remanded to the trial level for further proceedings to develop the record on the applicant's total earnings at the time of injury.

WCABReconsiderationFindings and AwardPermanent Partial DisabilityEarnings CalculationOccupational Group NumberFurther Medical TreatmentAttorney's FeesW-2 FormTax Form

References

Case No. MISSING

Regular Panel Decision

Sinzieri v. Expositions, Inc.

The plaintiff was injured after falling from a ladder while dismantling a display for Anderson Windows, Inc. during his employment with Spectacor Management Group at the Nassau Coliseum. The plaintiff sued Expositions, Inc., alleging violations of Labor Law § 240 (1) and § 241 (6). The court found that the display constituted a "structure" and the dismantling work a "significant physical change," making Labor Law § 240 (1) applicable. The plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim was granted due to an unrebutted prima facie violation. The defendant Expositions' motion for summary judgment on the Labor Law § 241 (6) claim was denied due to an issue of material fact regarding "level footing." Third-party defendant Anderson Windows' motion for summary judgment was denied, and summary judgment for indemnification was granted against Anderson in favor of Expositions, SMG, and Nassau Coliseum.

Ladder fallLabor Law § 240(1)Labor Law § 241(6)Summary judgmentConstruction site liabilityRoutine maintenanceScaffold LawIndemnificationIndustrial Code violationPersonal injury

References

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ROBERT PRATER vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH AMERICAN INSURANCE COMPANY

WCABReconsiderationFindings and AwardPermanent Partial DisabilityEarnings CalculationOccupational Group NumberFurther Medical TreatmentAttorney's FeesW-2 FormTax Form

Sinzieri v. Expositions, Inc.

Ladder fallLabor Law § 240(1)Labor Law § 241(6)Summary judgmentConstruction site liabilityRoutine maintenanceScaffold LawIndemnificationIndustrial Code violationPersonal injury